There are certain elements a contract must have to be enforceable. Capacity is one of those elements. Capacity means having the legal and mental ability to enter into binding contracts. Among those not considered competent are minors (in most states, persons under the age of 18), persons under the influence of alcohol and other drugs, and people who are mentally ill (Goldman and Sigismond, 2014, p.130) When dealing with contracts, incompetent parties such as minors, are treated differently. If an incompetent party enters into an agreement or contract, it is not legally enforceable. The Law views minors as irresponsible and unable to make rational decisions on their own. When we make purchases at any store, we are entering into a contract. There are no exceptions as to who can make a purchase. Because minors cannot …show more content…
Returns can happen regardless of the store's return policy. Question: If minors can return purchases in this way, why do retailers continue to sell to minors or other incompetent parties? Adults can avoid suffering losses by refusing to enter into agreements with minors. If an adult does deal with a minor, the adult may ask that a parent, guardian, or other adult sign the agreement along with the minor (Goldman and Sigismond, 2014, p.171). However, when dealing with businesses and purchases, some of us may look at it differently. There are minors who are employed and legally make their own money. They have the right to spend their money whatever way they like. There are some minors who receive an allowance from their parents weekly and the first place they go to is the mall to buy nice things. Minors have birthdays and celebrate other holiday’s in which they receive money to spend.
Contractual capacity is, “The legal capability to form a binding contract. A number of classes of people lack contractual capacity, and these include minors…” (BusinessDictionary.com, 2010). A minor’s capacity to contract and the lack of an employee’s capacity to bind a company by contract could be used in defense against a breach of contract.’ Consideration is necessary for any contract to exist. A promissory estoppel is used when consideration requirements are absent (Kubasek, Brennan, & Browne, 2015, p.250).
There’s a line between child and adult, and it can be fuzzy, So how do we in the YellowHammer State define between adults and minors.All states have minor laws, the age in which a citizen is considered an adult in the eyes of the law.In Alabama, has legal process referred to (Emancipation) the legal age is 19 years old; the age of majority Code of Alabama 26-1-1 minors still have legal rights and responsibilities.A 15-year old can enter into an insurance contract, under the Alabama laws.Under Code of Alabama 26-13-1 at age 18 they are eligible for emancipation, in laymen's terms, they are at the age
Smooth could sue Jeff Fresh for fraud because Jeff did not inform Smooth of his age though it would not make it far in the courts due to a minor does not have a full understanding of contracts which is why the contract would be unenforceable. Smooth may be fined for not taking the necessary steps in checking age and not gaining the permission of the minor’s parents, or placing the contract in the parents’ names. Some legal and equitable remedies that may be used are compensatory damages, liquidated damages, and special performance. Compensatory damages are when the party whom the breach happened to gets compensated for the remainder of the contract as if the contract would have played out though the contract was never enforceable due to Jeff being a minor. If Smooth had written action which may happen if the contract was breached is considered liquated damages, Smooth may try to get Jeff’s parents to pay the remainder of the balance. Special performance means the person whom
I’ve lost count of how many times I’ve asked my parents for money for the movies or for the mall. Usually, they tell me to get a job or to be more responsible with the things I already have. The same thing is true for teens my age all around the world. What’s the solution, you may ask? One word, jobs. What would happen if the legal working age was changed from the average 16 years old to 13 years old?
Yes. A purchase contract by a minor is voidable despite the participation of an adult in the transaction.
By November 2008, Chrysler’s sales had shrunk 25%. GM posted losses of $18 billion, and Ford lost $11.5 billion. Despite Ford’s elimination of 1/3 of its workforce, GM’s elimination of 30,000 jobs, and Chrysler’s cutting of 13,000 employees, the Big Three were on the brink of bankruptcy. All three testified before both houses of congress asking for loans to avoid default. The Big Three stated their demise would trigger 3 million layoffs within a year, plunging the economy further into recession.
A customer requested a cash refund for a two year old used item. I was unable to grant her request but was able to give a store credit. Although I followed policy, I struggled ethically with this incident. She was within her rights to request a refund; however, waiting years to return an item seemed less than prudent. The customer was dissatisfied, but I politely acknowledged her disappointment and made sure to explain the situation.
Theodor Seuss Geisel, or as we all know him Dr Seuss, is one of the most known children's book authors to go down in history.
From this point on, they are held responsible for any legal decision they make. They are held responsible because the government believes they can make qualified decisions that will have short and long implications. When a minor becomes 18 they are given a laundry list of new rights such as sign a binding contract, enlist in the military, participate in local and federal elections, and to serve and sell alcohol as a bartender. Although and 18 year old can serve and sell alcohol, they are not allowed to make decisions on the amount of alcohol to consume. Society thinks it will harm their mental growth along with their physical
The transition from the Roman Republic to the Roman Empire, changed many aspects of the Roman Political system. Despite this, there were many similarities between the eras. This long response question will be analyzing the political continuities and changes between this transition era, the most important aspects being the creation of a centralized government, the creation of a judicial system, the continuities I will be analyzing will be the continued expansion of trade through the establishment of roads, and the continued power of the senate.
1. It is illegal for a minor in a public place or in a place of business that sells alcohol to consume alcohol, regardless whether a parent or guardian is
Marshall received a signature on a contract from a seventeen year old minor in which he hopes to enforce. From a legal standpoint, minors have a limited ability to enter into contracts. The seventeen year old minor employee can void the contract he signed at any time. Minors have the option to do this because of laws made to protect them
One of these reasons is that there needs to be an adult to support and help organize the sale. However, it is quite easy get that kind of help. If parents let their teen or teens work on the sale, then a few of them probably would also agree to help run it. Also, some people might think that the teens working would not be serious and be irresponsible. Though really, why would teens even to participate in the sale if they didn't care about doing it? Honestly, if they don't want to, they wouldn't commit to working when they could of been spending their time having fun somewhere else. So even though it might seem impossible, if you try hard enough it certainly can be
One of the major limitations lie in the capacity of a child to enter into a transaction. According to the Age of Legal Capacity (Scotland) Act 1991, a child does not have “legal capacity to enter into any transaction.” The Act states that a transaction includes unilateral transactions, giving legal consent, bringing or defending civil proceeding, acting as a witness, and etc. This does not restrict a child from partaking in daily transactions (i.e. purchasing an object from a shop); the Act excludes any transactions that are “commonly entered into by persons of his age and circumstances” and “on terms which are not unreasonable.” This protects children who do not fully understand the concept of legal transactions from entering into binding obligations. Since any persons under 16 rarely requires to enter a contract, the Act does not limit any essential legal rights.